Tag Archives: Supreme Court

Unnecessary lawsuit against local business in GA Supreme Court today

Why is the Lowndes County Commission spending our tax dollars to sue a local company for collecting trash, in appeal at the Georgia Supreme Court this morning? Why not just let Deep South Sanitation compete with Advanced Disposal Services? Perhaps we should “stop wasting taxpayer money”, as Gretchen said to the Commission a year ago.

From DSS’s facebook page 5 May 2014, LOWNDES CO & ADVANCED DISPOSAL VS DEEP SOUTH UPDATE:

Dear Friends of Deep South, we have been notified that a date for the “APPEAL” has been set for Monday, May 19, 2014 @ 10am to be held in Atlanta, Ga. before the Supreme Court. The Lowndes County Attorney along with Advanced Disposal’s Attorney’s will have the opportunity to argue their case. Our Attorney, Rob Plumb will speak on behalf of Deep South and for the people. There will not be a ruling on this day. We will post the results of the Court’s ruling on our FB page as soon as we receive word.—As always, we thank all of you for your prayers and support. God Bless America!

And from DSS’s facebook page yesterday: Appeals Court Tomorrow Morning @ 10am.

“Thank you” to every one for your thoughts and prayers. Cary and Trevor just left headed to Atlanta. The appeal will be heard by the Supreme Court and a ruling should come at a later date. Hopefully, this will be the end of the lawsuit filed by the County and Advanced Disposal. We will post any news on our FB page as soon as we get word from our Attorney. Thanks again, your support means the world to us.

As Gretchen said a year ago to the Commissioners who voted for that unnecessary lawsuit,

I wonder which one of you said “This will really attract people to start or relocate business in our county when we sue one of our local business owners.”

If I were considering a business move, I wouldn’t move to a county that eats its own.

I ask that you drop the lawsuit and stop wasting taxpayer money. Thank you.

We don’t have to be a county like that. Let’s change some Commissioners and stop this waste of taxpayer money.

LAKE supports Gretchen Quarterman for Lowndes County Commission District 5. Please vote tomorrow, Tuesday May 20th. It’s not a primary: that’s Election Day for this Special Election for District 5. Your vote matters.

-jsq

Lowndes County vs. Deep South Sanitation this morning

The county government’s attempt to put a local business out of business is this 9:30 AM at the county palace this morning 14 June 2013.

Physical Address:
Courtroom 5D, Fifth Floor
Lowndes County Judicial Complex
327 N. Ashley Street
Valdosta, GA 31601

WALB’s earlier story said June 4th, but now it’s June 14th (today), because Lowndes County Attorney Walter Elliott is also an attorney for Turner County in the LOST case before the GA Supreme Court, and he was going to be in Atlanta arguing before the Supreme Court on June 4th. Funny how everything is done for the convenience of the county government, and not for its citizens. Maybe we should change that.

-jsq

Video of oral arguments in LOST GA Supreme Court case

Here’s the Georgia Supreme Court’s own video of S13A0992 Turner County v. City of Ashburn et al. Walter Elliott Tuesday, June 4, 2013. It starts with the attorney for Turner County, Walter Elliott (who is also Lowndes County Attorney) apparently arguing that the courts shouldn’t intervene because only legislative bodies should decide on taxes. The judges didn’t seem to understand his argument.

One judge wondered how disputes would be settled then. Elliott said the local elected bodies would decide or the tax wouldn’t be levied. Another judge pointed out that legislative bodies could delegate administrative functions. Later the same judge asked how to distinguish this case from a child custody case as far as criteria and a court being able to decide. Elliott claimed that was a judicial function, but allocating tax dollars was not. The judges didn’t seem to be buying the city attorney’s argument later, either.

Funny how the Supreme Court of Georgia videos its sessions, but the Lowndes County Commission does not.

Here’s the subject of the case: Continue reading →

County can’t “lawfully vacate a public street or highway for the benefit of a private individual” —Georgia Supreme Court

While I don’t know if the proposed closing of the end of Old State Road leading to Hotchkiss Landing at the Alapaha River is even on the agenda for this morning’s Work Session (Clarification: Monday 25 Feb 2013; they vote 5:30 PM Tuesday 26 Feb 2013), because the county’s website is down and I can’t retrieve an agenda, in case it is, it may be of interest to know that the Georgia Supreme Court appears to have explicitly forbidden what the county is proposing to do.

Georgia Supreme Court, GRIFFITH v. C & E BUILDERS, 231 Ga. 255 (1973), 200 S.E.2d 874:

Held:

1. “When a grantor sells lots of land, and in his deeds describes them as bounded by streets, not expressly mentioned in the deeds, but shown upon a plat therein referred to as laid out in a subdivision of the grantor’s land, he is estopped to deny the grantees’ right to use the streets delineated in such plat. Ford v. Harris [95 Ga. 97, 22 SE 144]; Schreck v. Blun, 131 Ga. 489 (62 SE 705); Wimpey v. Smart, 137 Ga. 325 (73 SE 586); Gibson v. Gross, 143 Ga. 104 (84 SE 373). By parity of reasoning those claiming under such conveyances are estopped from denying the existence of the streets so delineated upon the plat of the subdivision and given as boundaries of lots acquired by these and others from the grantor or those claiming under him. All persons claiming under such grantor are forever estopped to deny their existence. 19 CJ 928, ยง 127 (b).” Tietjen v. Meldrim, 169 Ga. 678, 697 (151 SE 349); Davis v. City of Valdosta,223 Ga. 523 (156 S.E.2d 345).

I am not a lawyer, but I wonder what a lawyer would say 1. above implies about the county doing nothing about a blocked public road?

But the Georgia Supreme Court didn’t stop there:

Continue reading →

Reduce prison population —Supreme Court to California

Will Georgia keep packing them into prisons until this happens?

Don Thompson wrote for AP 23 May 2011, High court to Calif: Cut prison inmates by 33,000:

The U.S. Supreme Court ruled Monday that California must drastically reduce its prison population to relieve severe overcrowding that has exposed inmates to increased violence, disease and death.

We don’t need a private prison in Lowndes County. Spend that tax money on education instead.

-gretchen